Archive for September, 2014

ENM Law News: Preliminary Hearing Win

Tuesday, September 30th, 2014

Our client was charged by the Pennsylvania State Police with felony Criminal Trespass. Attorney Liz
Ebner argued the case at a preliminary hearing and won by convincing the judge that the alleged victim
was lying. This means that the charges against our client were dismissed before they even reached the
Berks County Court of Common Pleas. A felony Criminal Trespass charge is serious and can result in a
maximum sentence of 10 years of incarceration. In order to prove a felony Criminal Trespass charge,
the district attorney has to show that a defendant entered, broke into, or remained in a building,
knowing that he was not allowed to do so. There are multiple ways to defend against a charge of felony
Criminal Trespass. For example, it is a defense to the crime if the building entered was abandoned.
Further, it is a defense to the crime if the defendant reasonably believed that the owner of the property
would have allowed him to enter or remain in the building. Our criminal law attorneys can help you if
you’ve been charged with the crime of criminal trespass. Contact us today.water walker

ENM Law News: Successfully Defended against Emergency Custody Petition

Tuesday, September 30th, 2014

An Emergency Custody Petition was filed against our client alleging that she was neglecting her children
because she works full-time and attends school. Because of the work of our child custody attorneys,
the Petition was denied without testimony even being taken. The petitioner was attempting to disrupt
the established custody arrangement and this would not have beneficial for the children. Further, by
filing an Emergency Custody Petition, the petitioner was trying to circumvent the proper procedures
outlined by the Berks County custody court. The proper procedure would have been to file a Petition
for Modification of Custody at which point the parties would have been scheduled for a conciliation
conference. Our family law attorneys will help you fight for custody of your children. Contact us today.

ENM Law News: Sentencing Issue Won on Appeal

Sunday, September 21st, 2014

Judges are supposed to follow statutory guidelines when imposing sentences for crimes.  These guidelines are based on a defendant’s prior record score (PRS) and the offense gravity score (OGS) for the crime.  In our recent case, the sentencing judge used the incorrect OGS for a conspiracy crime which led to that judge following improper sentencing guidelines.  As a result, our client received an incorrect sentence.  Our appellate attorneys filed an appeal to the Pennsylvania Superior Court asking that court to overturn the sentencing judge’s decision.  The Pennsylvania Superior Court agreed with the arguments of our attorneys and sent the case back for resentencing.

ENM Law News: Multiple No-Fault Divorces Completed This Month

Sunday, September 21st, 2014

We can typically complete a no-fault divorce in as little as 4 – 5 months as long as both parties are in agreement with the proceedings.  If you have a no-fault divorce that you need finished quickly, contact our divorce attorneys today.

ENM Law News: Successful Custody Contempt Petition

Sunday, September 21st, 2014

Our family law attorneys filed a custody contempt petition on behalf of our client arguing that the defendant was refusing to follow a prior custody order which required the defendant to pay for half of the parties’ child’s private school tuition expenses.  The Berks County court agreed with the arguments made by our family law attorneys and ordered that the defendant pay the tuition costs as well as our client’s legal fees.

ENM Law News: Appellate Win

Sunday, September 21st, 2014

A Berks County trial court judge’s decision was overturned after an appeal was filed by our attorneys.  A defendant entered a guilty plea with the intent to withdraw that plea at a later date after obtaining new counsel.  The trial court refused to allow that defendant to withdraw his guilty plea after he hired our attorneys.  Our appellate attorneys quickly filed an appeal to the Pennsylvania Superior Court arguing that our client should have been allowed to withdraw the plea that he entered while represented by his previous attorney.  The Pennsylvania Superior Court agreed with the arguments of our attorneys and the client has since been allowed to withdraw his guilty plea.  That case is currently scheduled for trial.

Spotlight Issue: What you need to know about DUI ARD in Berks County

Tuesday, September 9th, 2014

Have you been charged with a DUI in Berks County? You may be eligible for the Accelerated Rehabilitative Disposition (ARD) program.  ARD is a program run by the Berks County District Attorney’s Office.  Generally, DUI ARD is available for those who do not have a prior criminal record.  Our attorneys can discuss with you whether or not you are eligible for the program so contact one of our DUI defense attorneys located in Reading, Pennsylvania today. Even if you have an old or minor prior criminal record, including a DUI more than 10 years ago, our attorneys may be able to help you get admission into the program.

There are many benefits to the ARD program for DUI’s.  Most importantly, if you complete the ARD program, you will never plead guilty to a DUI and the charge will be expunged from your record.  Also, the period of time that your license will be suspended is significantly less if you are in the ARD program as opposed to the suspension for a DUI conviction.  The length of time that your license will be suspended for a DUI is most often determined by your blood alcohol content (BAC), but could also be determined by other factors including, but not limited to

- whether you had drugs in your system

- whether there were children in the car

- your involvement in a motor vehicle accident.

The length of time that you would be in the DUI ARD program is also determined by those factors. Our attorneys can help to give you an idea of how long your license may be suspended and how long you may be in DUI ARD program.

So the ARD program sounds great.   How do you get started?  You will usually apply for the DUI ARD program at your preliminary hearing.  Our attorneys can help you fill out the DUI ARD application.  While at your preliminary hearing, you will be given an ARD court date.  In general, that is the date that you will be formally admitted into the DUI ARD program as long as you are approved for placement by the Berks County District Attorney’s Office and as long as you have completed the program requirements.  Program requirements usually include

- community service

- drug and alcohol assessments

- drug, alcohol or mental health treatment

- Alcohol Safe Driving class

- payment of court costs and fines.

You will be expected to surrender your driver’s license on the date that you are formally admitted into the DUI ARD program.

You’re not done as soon as you’re placed into the program though.  You may have additional requirements to complete while you’re in the DUI ARD program.  If the Berks County District Attorney’s Office believes that you are not completing the DUI ARD program as you should be, they will ask the court to terminate you from the program.  If that happens, you will be scheduled for an ARD Termination hearing in front of the court.  At that hearing the Berks County District Attorney’s Office will present the reasons why you should be terminated from the DUI ARD program.  Our attorneys can help you defend against ARD Termination.  Having representation at this hearing is crucial because termination from the DUI ARD program usually means that you will have to start the court process over again and either plead guilty to the DUI charge or go to trial.  However, even after ARD termination the court will sometimes allow reinstatement into the DUI ARD program.  Our attorneys can represent you at the ARD Reinstatement hearing.

It is important that you follow all of the steps correctly to be admitted in the Berks County DUI ARD program.  Our attorneys can help guide you along the way to make sure that you receive the best outcome possible for your case.